Offenses involving controlled substances are some of the most common crimes that are prosecuted in South Dakota. Both misuse of prescription substances and also possession of prohibited drugs can lead to criminal prosecution. Anyone who is involved in the distribution...
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Criminal Law
What you should know about South Dakota’s drug immunity laws
If you call for emergency help for someone who appears to be suffering a drug overdose or if you call for help for yourself, you shouldn’t have to worry about facing drug charges as a result. That’s the reasoning behind laws in states across the country that offer...
How do you get out of jail after an arrest?
One of the most pressing matters for a person who’s arrested is getting out of jail while their case moves through the criminal justice system. It’s up to the court to determine what a person has to do to be released. Some people who have serious charges might have...
Should you accept a plea bargain offer?
Most criminal convictions are reached through plea deals or bargains. As the name suggests, a plea deal is an arrangement where a defendant accepts the offer to plead guilty to a lesser charge in exchange for reduced punishment. However, a plea deal does come with...
How do the police prove you were driving while drunk?
To convict someone of a criminal offense, the state must prove beyond a reasonable doubt that the accused broke the law. Before a police officer can arrest you, they need probable cause to believe a criminal act has occurred. Just making a few mistakes at the wheel...
South Dakota’s overdose immunity laws
If someone is using drugs with a friend or another person who appears to be overdosing, they may think twice before calling 911 for help. They may fear that they’ll be arrested on drug-related charges. Sadly, those who are alone when they overdose may also fear...
Are you an “accessory after the fact?”
You didn’t commit a crime – as far as you’re concerned. But you know someone who did. Maybe it’s a family member or friend. Maybe they came over to your house and asked to wash some bloody clothes in your washing machine. Maybe they gave you some stolen jewelry to...
What should you know about drug paraphernalia charges?
Some drugs require special items to use them. The people who use these drugs will often have paraphernalia around them. Police officers can initiate an arrest based on those items. Drug paraphernalia charges can also stem from the items that are used to make drugs or...
Do those facing DUI charges qualify for participation in South Dakota drug court?
Many lawmakers have had a longstanding critique regarding our justice system because it focuses too much on being punitive instead of rehabilitative. Many proponents of the drug court systems that have been created here in South Dakota and all across the U.S. see...
Know what to do when the cops are at the door
If the police knock (or pound) on your door, do you know what to do to protect yourself and your family? Your actions in the moments and minutes after they arrive at your door wanting inside determine the trajectory of your future — or in some cases, whether you have...